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HomeMy WebLinkAboutAV 95-02; Taryan Fence & Wall; Administrative Variance (AV) (10)March 2, 1995 John S. Taryan 11 10 Camino Del Sol Circle Carlshad CA 92008 SUBJECT AV 95-02 - TARYAN FENCE AND WALL Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Admmstra tive Variance, application no. AV 95-02, as to its completeness for processing. .. The application is incomplete, as submitted. Attached are two lists. The first list is idormation which must be submitted to complete your application. "hs bt o f items must be submitted directlv to your staff Dianner bv amointment. AU list items must be submitted simultaneously and a CODY of this list must be included witb vour submittals. No processing of your application can OCCUT until the application is determined to be complete. The second list is issues of concern to staff. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially frled, 02/03/95, to either resubmit the application or submit the required idormation. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. .. Please contact your staf€ planner, Van Lynch, at (619) 438-1161 extension 4325, if you have any questions or wish to set up a meeting to discuss the application. Assistant Planning Director c: Gary Wayne Team Leader Bobbie Hoder Bob Wojcik Ray Garrison File Copy Data Entry Marjoriemch 2075 Las Palm.As Drive .I Carlsbad. California 92009-1576 (61 9) 438-1 161 LIST OF ITEMS NEEDED TO COMPLETE APPLICATION NO. AV 95-02 - TARYAN FENCE & WALL PLANNING: 1. Site Plan prepared on 24" x 36" sheets folded to 8V.2" x 1 1". See attachment for specific requirements of the submission. ISSUES OF CONCERN PLANNING: 1. The first required finding for a variance is that there are exceptional or extraordinary circumstances applicable to the property. The statement that your back yard is adjacent to your neighbors front yard and that you are across the street from a shopping center are not considered to be exceptional or extraordinary conditions. 2. The second finding requires that the variance is for the preservation and enjoyment of a substantial property right that is possessed by others but is denied to your property. You state that the fence height request is to prevent objects from being thrown onto your property from the adjacent property. Your finding also states that the blocks were placed on top of the wall prior to you purchasing the property, yet objects still find there way over the fence. It appears that the increased fence height during your ownership has not reduced the instances of items being thrown over the fence. "his is not a valid argument for the finding of denial of a property right possessed by others but a civil matter between yourself and the neighbor. 3. The increase in fence height is not warranted since the existing fence meets the fencing requirement for the pool. The Planning Department must be able to make all of the required findings to be able to grant a variance. After reviewing the application and visiting the site, the department would not be able to make the findings for exceptional circumstances or denial of a substantial property right. You may at this time request a withdrawal of the application and receive a partial refund of application fees.